CC Resolution No. 18-082 Amending the FY 18-19 Annual Operating Budget to Appropriate $20,000 to Public Works for a Storm Water Management Fee Initial Polling ProcessRESOLUTION NO. 18-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING FY18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE $20,000
TO PUBLIC WORKS FOR A STORM WATER MANAGEMENT FEE INITIAL
POLLING PROCESS
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to request proposals and to enter into contracts on its behalf and for
the benefit of the City; and
WHEREAS, in 1992 the City established, and has not modified to this date, a storm
drainage charge of $12 per residential parcel and $144 per commercial acre to fund costs
associated with City's storm drainage system; and
WHEREAS, in 1996, California voters adopted Proposition 218 which, among other
things, required voter approval of certain property related fees; and
WHEREAS, court interpretations of Proposition 218 have constrained important tools
that local governments need to manage storm water and drainage runoff due to prior
court decisions that found storm water subject to the voter-approval provisions of
Proposition 218 that apply to property-related fees; and
WHEREAS, in October 2017, the Governor of California authorized SB-231 that defined
the property-related fee of sewer to specifically include storm water fees; and
WHEREAS, the City desires to develop a long-term financial plan and new fee to pay
for storm water maintenance, pollution prevention and infrastructure; and
WHEREAS, the City desires to hire a contractor for professional services to conduct a
storm water management fee initial polling process in compliance with either
Proposition 218 or SB-231 as may be determined the most practicable to increase storm
water management fees; and
WHEREAS, the necessary services cannot be performed by City staff due to the
information needed within the time frame and lack of expertise required to comply
with Proposition 218 or SB-231; and
CC Resolution No. 18 -082
Page2
WHEREAS, it is anticipated that a complete storm water management fee study and
compliant balloting process will follow within one year if initial community polling and
the City Council is supportive to pay for storm water maintenance, pollution
prevention and infrastructure costs; and
NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS:
1. This Resolution No. 18-082 is adopted, amending FY 18/19 Operating Budget to
appropriate $20,000 to Public Works operating account 100-82-804-700-702 for
the purpose of completing a storm water management fee study compliant
balloting process.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21 st day of August 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
~ <;;?i ,li'lt ,_/
~~Paul,~ Grace Schmidt, City Clerk
City of Cupertino
2